What's happening
This bill allows state and local highway authorities, as well as the MTA, to lease highway-adjacent land for solar and wind energy projects.
Why it matters
Unlocks new locations for renewable energy projects. by allowing solar and wind installations on underused or otherwise unproductive highway-adjacent land, such as sound barriers, retaining walls, and parking lots, potentially increasing clean energy generation without sacrificing productive landscapes.
Streamlines approval and oversight. by exempting these renewable energy projects from local laws, ordinances, or regulations—leaving only state and federal rules in effect—which could accelerate project implementation and reduce bureaucratic obstacles.
Provides long-term certainty for developers and the public sector. by allowing leases up to 99 years, supporting stable investment in renewable infrastructure and creating new, long-term revenue opportunities for state and local governments as well as the MTA.
Preserves property rights for neighbors. by explicitly stating that these leases cannot deprive adjacent landowners of their right of access, reducing the risk of legal disputes and protecting local property interests.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Solar and wind developers
The bill would allow leases of up to 99 years for generating systems on covered state, county, town and MTA property, exempting those systems from local laws and regulations while retaining state and federal requirements.
State transportation officials and the MTA
They would gain authority to lease airspace and unused surface or subsurface space for solar and wind systems, with state leases requiring attorney general approval.
County governing bodies and town boards
They would approve leases arranged by their highway superintendents, although the generating systems would not be subject to local laws and regulations.
Abutting landowners
The bill would prohibit these leases from depriving them of their right of access.
Headline styles
Lease Highways For Green Energy
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to transportation
- Referred to transportation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3206
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ENGLEBRIGHT, GUNTHER, JAFFEE, AUBRY, LIFTON -- Multi-Sponsored by -- M. of A. CRESPO, PERRY, THIELE -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to authorizing the leasing of land adjacent to state and local highways for the purpose of the construction and operation of solar and wind electric generating systems; and to amend the public authorities law, in relation to granting such authorization to the metropolitan transportation authority
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 10 of the highway law is amended by adding a new subdivision 38-a to read as follows:
38-a. Have the power to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any state-owned property under his or her jurisdiction or other property acquired for state highway purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the commissioner and shall be subject to the approval of the attorney general. In order to carry any such lease into effect, the commissioner is hereby authorized to execute and deliver, in the name of the people of the state, a lease to such property rights. Each such instrument of lease shall be prepared by the attor-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06996-01-9
A. 3206 2
ney general. No such lease by the commissioner shall deprive an abutting landowner of his or her right of access.
§ 2. Section 102 of the highway law is amended by adding a new subdivision 19 to read as follows:
19. Have the power, subject to the approval of the county governing body, to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any county-owned property under his or her jurisdiction or other property acquired for county road purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the county superintendent, and shall be subject to the approval of the county governing body. Such lease by the county superintendent shall not deprive an abutting landowner of his or her right of access.
§ 3. Section 140 of the highway law is amended by adding a new subdivision 20 to read as follows:
20. Have the power, subject to the approval of the town board, to lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any town-owned property under his or her jurisdiction or other property acquired for town road purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the town superintendent, and shall be subject to the approval of the town board. Such lease by the town superintendent shall not deprive an abutting landowner of his or her right of access.
§ 4. Section 1265 of the public authorities law is amended by adding a new subdivision 15 to read as follows:
15. To lease, for a term not to exceed ninety-nine years, the property rights in air space, and/or unused surface or subsurface space in connection with any authority owned property or other property acquired for authority purposes. Such leases shall be for the purposes of the construction and operation of solar and/or wind electric generating systems. Such systems may be mounted upon sound barriers, retaining walls, open unobstructed areas, parking lots, bridges, bridge structures, signs, sign structures and upon any other area upon the leased real property. The construction and operation of solar and wind electric generating systems subject to a lease authorized by this subdivision shall be subject to state and federal law, rules and regulations, but shall not be subject to any local law, resolution, ordinance, rule or regulation. The terms of any such lease shall be determined by the
A. 3206 3
authority. Such lease by the authority shall not deprive an abutting landowner of his or her right of access.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.